LCR21564

• The Worker said that he was working as a self-employed contractor and was offered a permanent position by the Employer to manage the shop. He said the Employer agreed to pay him €1000 per week.
  
  The Employer said he offered the Worker €10 per hour for a 39 hour working week.

• This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 25 May 2017 the Adjudication Officer issued the following Recommendation:-

• On balance I find that there is merit in the Complainant’s case and that he had entered into a contractual relationship with the Respondent which created the Employer/Employee bond. The Complainant was effectively constructively dismissed by reason of the Respondent’s behaviour. The Complainant has less than 52 weeks’ employment. The Respondent had unreasonably withheld the Complainant’s remuneration and additionally behaved in a way so as to belittle and be begrudging of the Complainant. I recommend that the Respondent do pay the sum of €6,000.00 in compensation to the Complainant.

• 3 His accountant told him that he would need to earn between €1,000 and €1,200 per week gross to move from being self-employed.

The Court notes that it was accepted by both parties that the worker commenced work on the 4^thAugust 2015 and ceased on Friday 27^thAugust 2015 and that no written contract setting out terms and conditions of employment were provided to him. In the week commencing Monday 17^thAugust there was a period of sick leave but the parties could not agree as to whether it was for two or three days.

There was no consensus between the parties as to what the agreed hours of work and rate of pay was to be.

The employer indicated that it was his understanding that the role offered to the worker was a trainee sales person. He initially indicated that he understood the rate of pay to be €250 euro a week and the hours were Monday to Friday 10am to 5pm with a half hour lunch break. He subsequently stated that the rate was actually €10 an hour for a 39 hour week and that he may have worked Saturdays as well. The employer also indicated that on occasions he may have started work at 9.00am. He recollected that there may have been a conversation about a higher rate of pay but his understanding was that would only come into play following successful completion of his training and would be linked to sales targets. However no sales targets were discussed or set.

The worker indicated that approximately 4/5 days before he commenced employment with New Doors and Floors Ltd he met with the employer at the employer’s house. Prior to taking up employment with the company he had been self-employed and had sought advice from his accountant as to what level of salary he would need to earn to maintain his then level of earnings and was advised between €1,000 and €1,200 per week gross.

At the meeting with the employer he understood that his rate of pay would be €1,000 euro a week gross and his hours were 10am to 5pm Monday to Saturday. He advised the court that shortly after commencing he was advised that the starting time was 9.00am. The worker stated that he would not have taken the job if the rate of pay was minimum wage as that was less than half of what he was earning as a self-employed person.

The Court having carefully considered the written and oral submissions of the parties awards compensation in the amount of €3,800 euro in respect of reimbursement of unpaid wages due to the worker. The Adjudication Officer's decision is varied accordingly and the appeal fails.

Signed on behalf of the Labour Court



Louise O'Donnell
CR______________________
5th September, 2017Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.